Counterfeit goods
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Counterfeit goods
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Counterfeit goods

What constitutes counterfeit?

According to article 1252 of the CCRF, counterfeit goods are understood as products, production or commercialization of which is connected to infringement of the rightholder’s exclusive right.

Therefore, the following types of goods are considered counterfeit:

  • fake goods (produced and marked by trademarks without the rightholder’s consent);
  • illegally imported genuine goods (produced by the rightholder and designated for commercialization in other countries that are therefore imported in circumvention of customs and/or official distribution channels).

What are the consequences of counterfeiting?

The infringer of trademark rights is subject to civil liability for illegal use of intellectual property. According to article 1515 of the CCRF, the rightholder is entitled to claim for compensation in the amount of, at his discretion:

  • from 10 000 to 5 000 000 rubles, or
  • double price of the products, on which the trademark was unlawfully placed, or double price, paid for the right to use the trademark in comparable conditions.

Unauthorized use of trademarks is also punishable under administrative and criminal legislation, with the maximal penalty reaching 1 000 000 rubles of fines and 6 years of deprivation of liberty.

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